26-ORD-045 – Elliott Kirby/Department of Corrections

Opinion Content:

February 10, 2026

In re: Elliott Kirby/Department of Corrections

Summary: The Department of Corrections (“the Department”) did not
violate the Open Records Act (“the Act”) when it denied a request for a
record that does not contain a specific reference to the inmate requester.

Open Records Decision

Inmate Elliott Kirby (“Appellant”) submitted a request to the Department for
copies of “the criteria utilized to determine who is eligible for treatment for a [specific
medical condition] and policy or criteria on how the delivery of treatment is completed
and any and all criteria on whet excludes a person from treatment.” The Appellant
also requested a “copy of the time frames in which treatment must begin or end.” The
Department denied the Appellant’s request under KRS 197.025 because the
requested records “do[ ] not contain a specific reference to the” Appellant. This appeal
followed.

Under KRS 197.025(2), the Department of Corrections “shall not be required
to comply with a request for any record from any inmate confined in a jail or any
facility . . . unless the request is for a record which contains a specific reference to
that individual.” The Office has found that the phrase “specific reference to that
individual” requires the record to refer to the requesting inmate by name. See, e.g.,
23-ORD-347; 17-ORD-073. Thus, a record does not contain a “specific reference” to a
requesting inmate under KRS 197.025(2) simply because it is relevant to, pertains to,
or personally affects him. See, e.g., 22-ORD-087; 17-ORD-119; 17-ORD-073.

Here, the Appellant asserts that the requested records are relevant to him
because he is “inflicted with” [sic] the medical condition to which the records relate.
However, on appeal, the Department reaffirms that the requested records do not

contain a “specific reference” to the Appellant. Thus, under KRS 197.025(2), the
Department was not required to grant the Appellant’s request for copies of the
requested records, and it did not violate the Act when it denied his request.

A party aggrieved by this decision may appeal it by initiating an action in the
appropriate circuit court under KRS 61.880(5) and KRS 61.882 within 30 days from
the date of this decision. Under KRS 61.880(3), the Attorney General shall be notified
of any action in circuit court, but shall not be named as a party in that action or in
any subsequent proceedings. The Attorney General will accept notice of the complaint
emailed to [email protected].

Russell Coleman
Attorney General

/s/ Matthew Ray
Matthew Ray
Assistant Attorney General

Elliott Kirby #228311
Nathan Goens
Charles Bates
Sara Talarigo
Ann Smith